Crime, Fraud & Insolvency

It is said that money is the root of all evil. That may, or may not, ring true depending on your point of view.  Often, however, it is the fundamental issue in matters of fraud and theft.  In other matters, such as murder, it can be a significant motivating factor.  Whatever the reason, specialist experience is required to unravel and understand the complex chain of financial transactions which may be at the root of the crime.

Financial crime takes many forms such as fraud, theft, evasion of VAT and excise duty, evasion of tax, carousel fraud, and cheat.  Apart from the financial aspects of the crimes themselves, once proven, guilty parties can be the subject of confiscation or compensatory orders.  This involves tracing of assets such as property, vehicles, money, etc. and very often spreads into other legal jurisdictions.

In insolvency related matters, what directors and shareholders can and cannot legally do, can change dramatically once the slide from solvency to insolvency has begun.  The question to be answered is often how much influence did the directors and/or shareholders have on the demise of the business and, following on from that, how much if any of the business resources have been diverted away from creditors into the directors' and/or shareholders' pockets?

Whilst some misfeasances such as wrongful trading and preference may not be criminal, fraudulent trading and fraud generally most certainly are.  Whether prosecuting or defending, the issues are the same, as are the procedural rules within which any expert report used in litigation support must be written.

At O’Hare Donohoe we have the accountancy and, often of equal importance, the commercial experience to assist either the prosecution or the defence in such matters.

We are happy to discuss cases informally with instructing solicitors without charge and where appropriate prepare an initial overview of the case in report form.  This will often assist solicitors and counsel to bring focus to a case and help them to decide what forensic work may be required at a very early stage.

Thereafter, a formal quotation will be prepared for the client. Such a report will detail the work that it is anticipated will be required, the timescale and the cost.

The forensic work is carried out by the person who will sign off the report and who if necessary will appear at court as the expert witness.  The reports are written in a way that they can be understood by non-accountants such as members of a jury, and provide clear statements of fact and opinion on the matters that we have been instructed to address.

For more information on this service please contact:


Patrick O’Hare
Tel: 046 943 7900
Mob: 086 608 8869
Email: pohare@ohd.ie



 
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